HCA 13/70 f.108v Annotate
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To the first and second Articles of the sayd allegation This deponent saith he doth
well know the shipp Martha whereof John Pibus was master and this
deponent went Pilot in and of her the voyage in question which he saith
was begann in the moneth of May 1653. and was to be to Greenland
upon a fishing designe and to returne to this Port of London. And the
sayd Pibus was master of the sayd vessell that voyage and was in
the ymployment of merchants and had a number of men according
to agreement for the sayd fishing designe, and was not fitted for warr
nor had any Commission of marke or Letters of Reprizeall on board
him so farr as this deponent knoweth beleiveth ever heard. And
saith by common and generall fame there were in the sayd moneth of
May 1653. Ambassafors here from Holland in order to make
a peace of which there was then great hopes. And so much
he beleiveth as notorious. And otherwise he cannot depose.
To the third article of the sayd allegation This deponent saith that the sayd
Pibus and Company whereof this deponent was one upon their
return from Greenland homeward for London and before they
mett with the dutch built vessell in question, did heare of and
from certayne ffishermen whom they mett at sea, that the peace betwixt
England and holland was made and concluded, and this deponent
for the reasons aforesayd did beleive the sayd Report to be true and
so did the sayd Pibus as he conceyveth. And this deponent nor sayd
Pibus did then know any thing to the Contrary, nor any other of
the Marthas Company so far as he hath heard or beleiveth. And
otherwise he cannot depose.
To the 4th article of the sayd allegation This deponent saith the shipp Martha
mett with the sayd Dutch built vessell off of Sh[?e]ttland two hundred
leagues from England, and the sayd Pibus did not fight with or
against the sayd dutch built vessell but onely hawled her by, shooting some
few gunnes, neither had the sayd Pibus any Commission
to seize the sayd Ducth built shipp, and therefore durst not as this
deponent conceyveth seize the same in regard of the danger
that might ensue videlicet of dammages to be recovered against
him by reason of an unnlawfull seizure in case of Peace or
of being questioned for a Pyrate if he had fallene into
the Hollanders hands for seizing without a Commission in case
of warr, and continuance of the differences betwixt the two states he this deponent making
noe question (as he saith) but that the sayd Pibus this deponent
and Company should have bene hanged as Pirates in case the Hollanders
had taken them after seizure of a shipp of theirs without Commission
And likewise beleiveth that the sayd Pibus had bene lyable to [?repaye GUTTER]